The U.S. Environmental Protection Agency (EPA) is moving to simplify its rules for PFAS reporting, aiming to strike a balance between protecting public health and reducing burdens on businesses.
The agency’s new proposal under the Toxic Substances Control Act (TSCA) seeks to make reporting requirements more practical, eliminate duplicative submissions, and focus on collecting the most critical data about PFAS (per- and polyfluoroalkyl substances) – commonly known as ‘forever chemicals.’
With this approach, EPA hopes to ease compliance for manufacturers and importers while continuing to track the environmental and health impacts of these persistent chemicals.
Understanding PFAS and their risks
PFAS are a large family of artificial chemicals widely used for their water- and grease-resistant properties in products such as cookware, textiles, and firefighting foam.
Dubbed forever chemicals, PFAS persist in the environment and accumulate in the human body over time.
Studies have linked exposure to certain PFAS to adverse health effects, including liver damage, thyroid disease, developmental issues, and increased cancer risk.
Environmental contamination is also a concern, as PFAS can migrate from products into soil and water, creating long-term ecological impacts.
The 2023 PFAS reporting rule
In October 2023, the Biden Administration finalised a one-time PFAS reporting and recordkeeping rule under TSCA Section 8(a)(7).
This regulation required manufacturers, including importers, who produced PFAS between 2011 and 2022 to submit detailed data on exposure, environmental effects, and health impacts.
The rule, however, has faced criticism for imposing a nearly billion-dollar compliance cost on industry without providing clear guidance on how collected data would be used to protect the environment.
Significant IT system failures and administrative delays highlighted shortcomings in practical implementation, especially for small businesses and importers. Critics argue that the regulation burdens industry while delivering limited environmental benefit.
Proposed changes to streamline PFAS reporting
EPA’s new proposal seeks to reduce regulatory burdens while maintaining essential data collection.
EPA Administrator Lee Zeldin emphasises that the changes align with the ‘Powering the Great American Comeback’ initiative, aiming to provide regulatory certainty, lower compliance costs, and focus on the most relevant PFAS information.
Key proposed exemptions include:
- PFAS present at 0.1% or lower in mixtures or products
- Imported articles
- Certain byproducts and impurities
- Research and development chemicals
- Non-isolated intermediates
Additionally, the agency plans technical corrections to clarify required data fields and adjust submission timelines, ensuring a smoother reporting process.
Zeldin commented: “This Biden-era rule would have imposed crushing regulatory burdens and nearly $1bn in implementation costs on American businesses.
“This proposal is grounded in common sense and the law, allowing us to collect the information we need to help combat PFAS contamination without placing ridiculous requirements on manufacturers, especially the small businesses that drive our country’s economy.”
Balancing safety and efficiency
The EPA’s proposal reflects a broader effort to implement TSCA Section 8(a)(7) in a way that supports both industry and environmental goals.
By targeting unnecessary reporting while retaining critical safeguards, the agency aims to collect meaningful PFAS data without overwhelming businesses.
As the public comment period opens, stakeholders will have the opportunity to provide input on the proposed PFAS reporting refinements, shaping a more effective and practical regulatory framework.
